Green v. State

I respectfully disagree with my esteemed colleagues’ descriptions of the Court of Criminal Appeals’s decision in Brooks v. State. See 323 S.W.3d 893, 894-912 (Tex.Crim.App.2010) (plurality op.); id., 323 S.W.3d at 912-26 (Cochran, J., concurring). I write separately to address this important decision and to respond to the assertion that the Court of Criminal Appeals lacks jurisdiction and authority to abolish factual-sufficiency review of findings that a defendant is guilty of a criminal offense that the State is required to prove beyond a reasonable doubt. I also disagree with the…